DUNBARTON
ETHICS COMMITTEE
MINUTES
OF MEETING
22
May 2003
Present: Nick Holmes, Scott Ives, Jackie Kennedy,
Brett St. Clair, Gayle Troy
Nick
called the meeting to order at
Gayle
moved acceptance of the minutes from the
Nick
asked Brett to verify that this meeting had been posted in accordance with the
law. Brett confirmed that it had been
posted appropriately.
Nick
noted that the Committee was not recording the meeting in any form except
through these minutes. He then asked
whether anyone present in the room was planning to record the meeting. David Breault,
Dunbarton resident, replied that he was videotaping the proceedings, and
pointed to the video recorder, which was set off to one side of the room.
Nick
explained the consolidated complaints, and verified that the four Complainants
(Debbie Auger, Donna Dunn, Paula Mangini, and Judy
Petersen) were all present for the Hearing, as well as Police Chief Jeff
Nelson, whose presence had been requested by the Committee.
Nick
then noted that Lori Davis (the Respondent) was not present at the
Hearing. He explained the communication
that the Committee had received from Ari Pollack,
Esq., an attorney hired by Ms. Davis, and explained
our response to Attorney Pollack. Nick
confirmed with Attorney Pollack on 5/21/03 that Attorney Pollack had received
the response from our Committee.
Attorney Pollack told Nick that he had received the letter and attached
information, but that no determination had been made as to whether he and/or
Ms. Davis would appear at the Hearing.
Nick asked whether any member of the Committee had seen Ms. Davis in the
building tonight, or whether anyone had heard from her or her Attorney
requesting a delay or postponement of the Hearing. None of the Committee members had received
contact, except as noted above.
Nick
and Jackie once again presented their possible Conflicts of Interest with
Debbie Auger and Lori Davis (respectively), but assured the Committee that they
each were able to be impartial in their deliberations on this matter.
Nick
gave a brief overview of the complaints, the prior steps taken by the Committee
and the rules under which the Hearing would be conducted.
Debbie
Auger (Dunbarton resident) read an opening statement on behalf of the
Complainants.
Donna
Dunn (Dunbarton resident) called Witness Debbie Auger, who was sworn in by
Nick, and questioned by Ms. Dunn as to the specifics of the situation. Committee members also asked questions of Ms.
Auger.
Donna
Dunn called Witness Paula Mangini (Dunbarton
resident), who was sworn in by Nick, and questioned by Ms. Dunn as to the
specifics of the situation. Committee
members also asked questions of Ms. Mangini.
Debbie
Auger called Witness Donna Dunn, who was sworn in by Nick, and questioned by
Ms. Auger as to the specifics of the situation.
Committee members also asked questions of Ms. Dunn.
Donna
Dunn called Witness Judy Petersen (Dunbarton resident), who was sworn in by
Nick, and questioned by Ms. Dunn as to the specifics of the situation. Committee members also asked questions of Ms.
Petersen.
The
Committee re-called Witness Debbie Auger, reminded her that she was still under
oath, and asked follow-up questions.
Donna
Dunn called Witness Police Chief Jeff Nelson (Dunbarton resident), who was
sworn in by Nick, and questioned by Ms. Dunn as to the specifics of the
situation. Committee members also asked
questions of Chief Nelson.
Donna
Dunn presented a closing statement on behalf of the Complainants.
Nick
announced that the Hearing portion of the meeting was concluded, and that the
deliberation would also be held in Public Session.
The
Committee turned to ”Dunbarton’s Code of Ethics”, Section I.E., and discussed
Paragraph 2.
Nick
then polled the Committee regarding whether, based on the evidence presented,
the Complainants had proven that Ms. Davis violated Section I.E. of Dunbarton’s
Code of Ethics. Scott Ives – yes. Brett St. Clair – yes. Gayle Troy – yes. Jackie Kennedy – yes. Nick Holmes – yes.
Gayle
asked whether Section I.G. (“A Duty to Cooperate”) was applicable as well. After discussion the Committee determined
this would be noted in the written decision.
The Committee affirmed that this issue was not used as a factor in
making the decision regarding Section I.E.
Nick
volunteered to write the decision on behalf of the Committee. We will make every effort to finalize that
decision within 30 days.
Scott
moved we adjourn, seconded by Brett.
Unanimous approval. Meeting
adjourned at 8:45 PM.
Respectfully
submitted,
Gayle
Troy for the Committee